Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Appeal against conviction - Compromise during pendency of appeal - Complainant received the entire cheque amount - Compounding of offence allowed - Conviction and sentence set aside...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Quashing of proceedings - Vicarious liability - Plea that petitioners are not responsible or that they were not in charge of affairs of the company - However, complaint mentions details attributing sufficient role to the accused - Debatable issues raised by petitioners can only be tested during..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Inquiry u/s 202 Cr.P.C. - Not mandatory in respect of proceedings u/s 138 NI Act...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Language of S.139 of the Act does not refer that initial presumption of consideration is in favour of complainant and the words `unless contrary is proved' means that burden to rebut said presumption is upon the accused - Presumption contained in S.139 of the Act is a rebuttable..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Authorisation to file complaint - Photocopy of general power of attorney in favour of CW1 depicts that he was authorised to institute suits, to appear and to take action on behalf of complainant along with all authorization - Said power of attorney is prior to filing of complaint - Thus merely because..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 219, 251 -- Dishonour of cheques - Three cases - Same parties - Clubbing of cases - S.219 Cr.P.C. applies only to warrant cases and not to summons cases where no charges are framed - In case no charges are framed then there is no requirement for clubbing of the cases - Dismissal of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Voice sample - Comparison of voice recorded in mobile phone - No formal document reduced into writing - Recording of mobile phone very basis to succeed in the complaint - Application to take voice sample for analysis by CFSL allowed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan of Rs.13.50 lakhs by a pensioner - Fact that complainant was a pensioner cannot be a ground for presuming that he did not have the capacity to make the loan payment - Some part of this loan was paid through cheques - Some amount paid in cash proved to be withdrawn from bank account - Evidence on..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Two cheques of same series issued at a gap of three years - Merely because two cheques of same series have been issued on two dates at a gap of three years, itself does not make story of complainant as improbable...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Once a cheque is signed and issued in favour of holder, there is statutory presumption that it is issued in discharge of a legally enforceable debt or liability - This presumption is a rebuttable one, if issuer of cheque is able to discharge burden that it was issued for some other..........
